SF 2898

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/12/2020 10:54am

A bill for an act
relating to state government; exempting hairstyling and makeup application from
licensing; amending Minnesota Statutes 2018, sections 155A.23, subdivisions 3,
5, by adding subdivisions; 155A.27, subdivision 9; 155A.29, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 155A.23, subdivision 3, is amended to read:

Subd. 3.

Cosmetology.

"Cosmetology" is the practice of personal services, for
compensation, for the cosmetic care of the hair, nails, and skin. These services include
cleaning, conditioning, shaping, reinforcing, coloring and enhancing the body surface in
the areas of the head, scalp, face, arms, hands, legs, feet, and trunk of the body, except where
these services are performed by a barber under sections 154.001, 154.002, 154.003, 154.01
to 154.161, 154.19 to 154.21, and 154.24 to 154.26. new text begin Cosmetology does not include hairstyling
as defined in subdivision 19, or makeup services as defined in subdivision 20.
new text end

Sec. 2.

Minnesota Statutes 2018, section 155A.23, subdivision 5, is amended to read:

Subd. 5.

Esthetician.

An "esthetician" is any person who, for compensation, performs
personal services for the cosmetic care of the skin only new text begin , but does not include makeup services
as defined in subdivision 20 new text end .

Sec. 3.

Minnesota Statutes 2018, section 155A.23, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Hairstyling. new text end

new text begin "Hairstyling" is the practice of cleaning, drying, arranging, or
styling hair. It includes the use of hair sprays and topical agents, such as shampoos and
conditioners. It also includes the use and styling of hair extensions and wigs. It does not
include cutting or the application of dyes, bleach, reactive chemicals, keratin, or other
preparations to color or alter the structure of hair.
new text end

Sec. 4.

Minnesota Statutes 2018, section 155A.23, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Makeup services. new text end

new text begin "Makeup services" is the application of a cosmetic to
enhance the face or skin, including powder, foundation, rouge, eyeshadow, eyeliner, mascara,
and lipstick. Makeup services includes the application of makeup applied using an airbrush.
Makeup services does not include the application of permanent makeup, tattooing, or facial
services. A person who, for compensation, performs only makeup services is not an
esthetician.
new text end

Sec. 5.

Minnesota Statutes 2018, section 155A.27, subdivision 9, is amended to read:

Subd. 9.

Exemptions.

(a) Persons licensed to provide cosmetology services in other
states visiting this state for cosmetology demonstrations shall be exempted from the licensing
provisions of sections 155A.21 to 155A.36 if services to consumers are in the physical
presence of a licensed cosmetologist.

(b) A person who performs new text begin hairstyling, makeup services, or new text end threading shall be exempt
from the licensing provisions of sections 155A.21 to 155A.36 new text begin and 155A.275 new text end .

Sec. 6.

Minnesota Statutes 2018, section 155A.29, subdivision 6, is amended to read:

Subd. 6.

Exemption.

The facility in which a person provides new text begin hairstyling, makeup services,
or new text end threading and no other services requiring licensure by this chapter is exempt from the
requirement for a salon license under this section.